This version of the Terms and Conditions is effective from 01-01-2023.

 

Article 1 – Introduction

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1.1 Tessa van Nes is located at Geelvinckstraat 95 in Castricum.

1.2 The company is registered as Tessa van Nes with the Chamber of Commerce Alkmaar under number 87471795.

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1.3 Please contact us via: Tessavannes@kpnmail.nl

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Article 2 – Conditions with regard to the coaching and training offer

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2.1 Both individuals and organizations can use the training courses of Tessa van Nes as listed on the website www.Tessavannes.nl. These include individual meditation and stress coaching sessions, group training and workshops in stress, mindfulness and meditation.

2.2 Tessa van Nes will at all times make every effort to carry out the training programs & coaching sessions carefully and independently, to optimally represent the interests of the customer/client and to strive for a result that is useful for the consumer/client. The customer/client is responsible for doing what is reasonably necessary or desirable to ensure that the training courses by Tessa van Nes take place as optimally as possible. This refers to matters such as the timely delivery of complete and clear information about the location of training courses and, if necessary, participants for organizations and the timely presence and confirmation of participation in the training.

2.3 The results of the meditation coaching sessions, workshops and training courses of Tessa van Nes stand or fall with the independent practice of the knowledge, experience and methods provided. Tessa van Nes cannot therefore guarantee that following the programs offered will lead to success in the life of the individual or results within the organisation. To help achieve the goals of each client or client and within the limits during the duration of the program, we are available for advice and adjustments.

2.4 Cancellation Policy. All training courses can be canceled free of charge up to a certain period before the start. The external possibility to cancel free of charge differs per service.

Successively applies:

• Up to a week before the start of a course

• Up to 72 hours before the start of a workshop

• Up to 48 hours before the start of a coaching session

Cancellations must be made by e-mailTessavannes@kpnmail.nl.

For cancellations that take place shorter than the aforementioned period before the start, Tessa van Nes has the right to charge the customer/client for 100%, or, if this is part of a training program, to cancel the session. This applies to the total costs of the pre-agreed package.

For all training courses for which Tessa van Nes has arranged an external location (on request), all costs arising from the inability to cancel the rental (determined by the lessor) and additional costs of this location will be charged to the customer/client.
If time and/or costs have been incurred to tailor a program for a customer/client upon request, Tessa van Nes has the right to charge all time spent and costs incurred before the time of cancellation if this process does not take place. find. These costs will be made transparent by Tessa van Nes and will be provided to the client in an overview.

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2.5 During the processes with multiple meetings, both the client and Tessa van Nes can terminate the collaboration at any time. This is done by an email from or toTessavannes@kpnmail.nl. The costs for the session(s) that have not yet taken place will not be charged or, if payment has already been made, will be refunded as soon as possible. For the sessions that have already taken place, Tessa van Nes will look for a reasonable solution for both parties, but reserves the right to charge this in full.

2.6 Tessa van Nes considers it important that consumers/clients are satisfied with the sessions/trainings provided. If this is not the case, we are more than willing to see whether this is justified and, if so, to compensate the customer/client for this. We also operate a complaints procedure. See article 6 for this.

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2.7 Participation conditions for the training. Upon registration and/or payment, the participant has the responsibility to inform Tessa van Nes of any physical and mental discomfort or medical diagnoses that may be triggered by mental training prior to participation in the training courses.

Meditation is successfully used as a therapy for people with mental illnesses such as depression and psychoses. However, this falls under specialist care from experts such as psychologists or specially trained or trained professionals. Tessa van Nes products are not intended for curative processes. People with mental illnesses such as depression, psychoses, bipolar disorders, schizophrenia, post-traumatic stress disorders, epilepsy or personality disorders must inform the trainer/coach in advance so that this can be taken into account. It may be advisable to follow more specialized programs by third parties. People with psychological illnesses who have not made this known to the coach/trainer in advance, always take part in the sessions/trainings on their own responsibility. Organizations that hire Tessa van Nes for meditation/stress training must ensure that the trainer/coach is informed in advance if one of the participants in the training has a psychological condition.

2.8 Liability. Tessa van Nes is not liable for any form of physical or mental problems that arise during or as a result of the training or other products and exercises performed, such as meditation and breathing or other exercises.

By registering and participating in the coaching/training programs, the participant declares to be aware that emotions, mental and physical intensity may arise and voluntarily participates in the training and to bear responsibility for any undesirable changes in the mental, emotional and physical condition and stability. Where Tessa van Nes of course declares that it will make every effort to support the participant with these possible inconveniences insofar as this is within the possibilities, the participant accepts that he bears the responsibility for all training effects that have occurred at all times.

Tessa van Nes strives for as much personal guidance and support as possible. However, in group training it is not always possible to monitor each participant individually. Everyone is responsible for guarding their own boundaries during Tessa van Nes' training sessions. If physical and/or mental discomfort arises during the training sessions and the trainer/coach is not informed of this, it cannot prevent further consequences.

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2.9 The client indemnifies Tessa van Nes against all third-party claims arising from the applications or use of the results of the training.

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Article 3 – Prices and payment

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3.1 The current prices of the coaching session and training of Tessa van Nes are listed on www.tessavannes.nl

3.2 Offers, prices or quotations do not automatically apply to future products or quotations.

3.3 Offers are without obligation and are valid for 2 months. Quotations may be subject to change due to an unforeseen change in work.

3.4 Assignments for company training must be confirmed in writing by the client. If the client fails to do so, but nevertheless agrees to the contractor commencing the execution of the assignment, the content of the quotation will be deemed to have been agreed. Further oral agreements and stipulations only bind Tessa van Nes after they have been confirmed in writing by the contractor.

3.5 Payment is always made prior to the training, unless otherwise agreed with Tessa van Nes. Payment in installments is possible in consultation with Tessa van Nes. If the participation fee is paid in installments, the obligation to pay remains even after the program has been completed.

3.6 Payments must be made within 14 days of the invoice date. If after the expiry of this term the customer/contractor has not yet received (full) payment, the customer is in default. If full payment is still not made after a payment reminder, all costs incurred by Tessa van Nes, such as administration costs, legal costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs and collection agencies, incurred in connection with late payments, are for the customer/client. The extrajudicial costs are set at a minimum of 10% of the invoice amount with a minimum of € 150 excluding VAT.

3.7 If the payments are not made on time, we reserve the right to suspend the current programs or the next coaching / training sessions until the payment obligation has been met.

3.8 When the customer/principal terminates a current agreement, he must pay the costs incurred with regard to the work performed until then. This relates to both the training sessions already carried out and the time spent on tailoring the training if this has been agreed in advance with the customer/client.

3.9 If the agreement is dissolved by Tessa van Nes due to a demonstrable shortcoming in the fulfillment of the agreement or behavior that disrupts the employment relationship by the customer/client, the customer/client must pay the costs related to the work performed up to then, in addition to compensation. The compensation will at least include the costs incurred by Tessa van Nes in its own name for the fulfillment of the assignment with third parties, as well as at least 30% of the remaining part of the fee that the client would owe if the assignment was fully fulfilled. are.

3.10 Both Tessa van Nes and the client have the right to dissolve the agreement immediately in whole or in part in the event of bankruptcy or (provisional) suspension of payment of the other party.

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Article 4 – Intellectual property/materials used/physical products

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4.1 Tessa van Nes owns the intellectual property rights to the content and materials of the training courses and the physical products. During and after the program, the materials may be used for your own person. It is not permitted to share these with third parties, unless Tessa van Nes has given written permission for this.

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4.2 It is not allowed to sell the acquired knowledge commercially or to include it in your own program, unless Tessa van Nes has given written permission for this.

 

Article 5 – Materials and Licenses

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5.1 Tessa van Nes strives to keep the online materials available online for life for its participants, but this cannot be guaranteed. We reserve the right to remove materials and products when we see a need to do so.

5.2 After completing the coaching/training, neither the client nor the contractor have a retention obligation towards each other with regard to the materials and data used.

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Article 6 – Complaints

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6.1 If the customer/client is dissatisfied with the services or products provided or the support provided by Tessa van Nes, you must inform us of this as soon as possible by sending an email toTessavannes@kpnmail.nl. We would like to receive a description of the complaint that is as clear as possible, so that we are able to respond adequately and, if the complaint is justified, to rectify it.

6.2 Complaints must be reported within 72 hours after the session, or in the case of a training program of several meetings, no later than 14 days after the last session. Of course we will take every complaint seriously and review it, if the complaint is received after the aforementioned period, the right to repair, replacement or compensation will lapse.

6.3 The customer/client will receive a response to his submitted complaint within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, an answer will be given within the period of 14 days with a notice of receipt and an indication when a more detailed answer can be expected.

6.4 Even with complaints submitted, any payment obligation will continue to exist.

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Article 7 – Liability

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7.1 Barring intent or deliberate recklessness, the total liability of Tessa van Nes due to an attributable shortcoming in the fulfillment of the agreement or for any other reason is limited to compensation for direct damage up to the amount of the price stipulated for that agreement, excluding VAT.

7.2 The liability for indirect damage, such as; consequential damage, lost profit, missed savings, reduced goodwill, damage due to business interruption, etc. is excluded.

7.3 In the event of an attributable shortcoming, Tessa van Nes must first be given written notice of default, with a reasonable term, so that we are able to fulfill our obligations, or to repair any errors, or to limit damage, or to lift.

7.4 Any liability expires after one year from the moment the assignment is completed.

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Article 8 – Privacy

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8.1 Tessa van Nes takes the privacy of all customers and clients very seriously and only uses personal data in the context of our services. Tessa van Nes hereby complies with the legal rules regarding the Protection of Personal Data and the AVG/GDPR law of the EU.

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8.2 All personal data managed by Tessa van Nes is password protected. The online storage of the data is only accessible with a private account that, like the devices that access your data, are locked with a password and/or fingerprint. The number of devices that can access your data is limited to only the necessary devices.

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8.3 We store the first name, last name, e-mail address and possibly the place of residence of persons registered on the mailing lists. This concerns persons who have shown interest in the services of Tessa van Nes and/or have indicated that they wish to be included in the list for future activities or releases. The email address is used exclusively for these purposes, communication about agreements and progress and financial settlement. The data is not shared with third parties and is stored until the person indicates that he no longer wishes to receive our mailings. Everyone has the right to terminate his subscription to the mailing list at any time and an 'unsubscribe' option can be found under the mail messages. It is also possible to send the wish to terminate participation by e-mail toTessavannes@kpnmail.nl.

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8.4 On the Tessa van Nes website, personal information is requested in the contact form. The request for this data is to allow further communication and to provide the desired information. This data is also not passed on to third parties. Your name and e-mail address are not automatically added to the newsletter mailing list. That will only happen if you request it. The Tessa van Nes website does not use cookies.

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8.5 Digital sessions. Any digital sessions of Tessa van Nes take place via Zoom and each participant agrees to Zoom's terms and conditions. If, if desired, a recording of the session is made, Tessa van Nes declares not to share it with anyone other than the participant, provided that permission is given.

In group sessions, if desired, Tessa van Nes can make recordings or photos as part of the training, which will be made available to other participants or future participants. The training can also be used for publishing in a podcast. The participant in these sessions gives permission for this with his participation and objections to this that are made known in advance by e-mail are taken into consideration.

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8.6 Further questions about our privacy policy can be asked atTessavannes@kpnmail.nl.

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Article 9 – Other

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9.1 Deviations from these General Terms and Conditions are only applicable if they have been agreed in writing between Tessa van Nes and the client.

9.2 If one or more provisions in these General Terms and Conditions are wholly or partially null and void or should be annulled, the other provisions of these General Terms and Conditions will remain fully applicable. We will then enter into consultations to agree on new provisions to replace them, taking into account the purpose and scope of the original provisions as much as possible.

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9.3 In writing is also understood to mean by email.

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Article 10 – Disputes

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10.1 In the event of any disputes, Tessa van Nes will prefer to resolve the dispute amicably before submitting it to court.

10.2 If no mutual solution is found that satisfies both parties, we will submit disputes to the court.

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Article 11 Applicable law

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11.1 Dutch law applies to this agreement.

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Article 12 Modification of the conditions

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12.1 Tessa van Nes is authorized to make changes to these conditions. These changes will take effect at the announced time.  The most current version of the terms and conditions can be found on our website, www.Tessavannes.nl, with the date of entry into force. Earlier versions of the General Terms and Conditions can be requested via Tessavannes@kpnmail.nl.